Part 2 Passing Strategy — Complete IRAC Answer Guide for Labor Law

Characteristics of the Part 2 Exam

Part 2 of the US labor law professional exam is an essay and case-analysis format. Unlike a pure memorization test, it evaluates your ability to resolve a concrete workplace dispute using applicable federal and state law.

Scoring criteria:

• Accuracy of issue identification
• Citation of relevant statutes and case law
• Logical derivation of a conclusion
• Answer structure and readability

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IRAC Answer Structure

The standard answer framework for law-school and professional credential exams is IRAC.

Step	Meaning	Content
I	Issue	The specific legal question to be resolved in this fact pattern
R	Rule	Applicable statutes, regulations, case holdings, or agency guidance
A	Application	Systematically apply the rule to the facts
C	Conclusion	The final determination

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Sample IRAC Answer

Question: Company A (30 employees) terminated Employee B due to frequent absences. B claims wrongful termination. Analyze whether the termination was lawful.

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[Issue]

The issue is whether Company A’s termination of Employee B was based on a legitimate, non-discriminatory reason and complied with applicable procedural requirements under the FLSA, FMLA, and applicable state law.

[Rule]

Federal law does not generally require just cause for termination (employment at will), but the FMLA (29 U.S.C. § 2615) prohibits terminating an employee for taking FMLA-protected leave. Additionally, the ADA (42 U.S.C. § 12101 et seq.) prohibits terminating an employee for disability-related absences when reasonable accommodation is available. Courts apply the McDonnell Douglas burden-shifting framework: the employee establishes a prima facie case; the employer must articulate a legitimate reason; the employee may then show pretext.

[Application]

Company A has 30 employees, so both the FMLA (50+ employees required) and WARN Act (100+ required) thresholds are not met, limiting federal leave-protection claims. However, ADA may apply if B’s absences were disability-related. Key questions: (1) What was B’s absence rate and cause? (2) Did A engage in the interactive process before terminating? (3) Was written notice of termination provided? (4) Were B’s absences linked to a serious health condition that would qualify under state leave law?

[Conclusion]

If B’s absences were unrelated to a protected medical condition and A provided adequate notice and documentation, the termination is likely lawful. If B’s absences were ADA- or state-law-protected, and A failed to engage in the interactive process, the termination is potentially unlawful.

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Top Tested Areas

FLSA / Wage-and-Hour Issues

Frequently tested topics:

• FLSA overtime exemption analysis (executive, administrative, professional)
• Calculating the regular rate of pay for overtime purposes
• Employer ULPs under the NLRA
• FLSA misclassification of employees as independent contractors
• Legality of the fluctuating workweek method

Key case holdings to know:

• IBP, Inc. v. Alvarez, 546 U.S. 21 (2005) — donning and doffing compensability
• Christopher v. SmithKline Beecham, 567 U.S. 142 (2012) — outside sales exemption
• Encino Motorcars v. Navarro, 138 S. Ct. 1134 (2018) — FLSA exemptions narrow construction

NLRA / Collective Bargaining Issues

Frequently tested topics:

• Duty to bargain in good faith on mandatory subjects
• Legality of strike activity
• Employer ULPs and union ULPs
• Effect of a union-security clause

Benefits Law Issues

• ERISA fiduciary duties and prohibited transactions
• COBRA continuation coverage eligibility and deadlines
• Workers’ comp exclusive-remedy doctrine and exceptions
• Social Security disability vs. workers’ comp interaction

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High-Score Tips

Citing Case Law

You do not need a perfect citation. Writing “In Chevron USA v. NRDC, the Court established that courts defer to a reasonable agency interpretation of ambiguous statutes” accurately captures the rule’s effect. The principle behind the case matters more than the exact citation.

Using the Fact Pattern

You must specifically apply the rule to the given facts. An answer that states only abstract legal principles without connecting them to the facts will lose points.

Writing a Clear Conclusion

Avoid “this may or may not be lawful depending on circumstances.” Examine arguments on both sides, then commit to a reasoned conclusion. Graders reward decisiveness grounded in analysis.

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Study Checklist

• Written 5+ IRAC answers on different fact patterns
• Memorized the three-step McDonnell Douglas burden-shifting framework
• Can recite the four WARN Act requirements and exceptions
• Listed all employer ULPs under the NLRA
• Identified the key ERISA, COBRA, and workers’ comp issues for benefits questions